Real Estate Legal Update — commercial rent arrears recovery and private nuisance

For centuries, landlords troubled by defaulting tenants have been able to resort to the common law remedy of distress. This enables landlords to enter the premises and to seize and sell the tenant’s goods in order to recover the sums owed. Landlords have valued this remedy as a quick and efficient enforcement method since at least 1215, when it was first enshrined as article 61 of the Magna Carta.

From 6 April this year, this remedy will cease to exist. In its place, we have commercial rent arrears recovery (CRAR), a procedure that was introduced by the Tribunals Courts and Enforcement Act 2007 but is only now coming into force.

CRAR differs from distress in a number of essential respects…

Click on the link below to read the rest of the Macfarlanes briefing.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Macfarlanes

View more briefings from Macfarlanes

Analysis from The Lawyer

View more analysis from The Lawyer

Browse This Firm’s

Overview

20 Cursitor St
London
EC4A 1LT

Turnover (£m): 139.75
No. of lawyers: 260